The 2nd Extra Ordinary Meeting of the Sectoral Council on Environment and Natural Resources concluded on Friday at the Royal Palace Hotel in Bujumbura, Burundi.

The overall objective of the Meeting was to consider the report of the Senior Officials to the 2nd Extra Ordinary Meeting of the Sectoral Council on Environment and Natural Resources held on 29th October 2014 in Nairobi, Kenya that considered three policy issues namely; the way forward on the issues raised by the United Republic of Tanzania on the ratification of the Protocol on Environment and Natural Resources Management; the Concept Paper on the justification for a Regional Climate Change Bill as directed by the 29th Meeting of the Council of Ministers; and the revised EAC Disaster Risk Reduction and Management Bill as directed by the 28th Meeting of the Council of Ministers.

The Sectoral Council of Ministers responsible for Environment and Natural Resources, which was chaired by Hon. Stephen J. Masele, Tanzania’s Deputy Minister, Vice President’s Office, established a Multi-Sectoral Technical Task Force comprising of Experts in Environment and Natural Resources including but not limited to Water, Wildlife, Forestry, Energy, Minerals and Legal Experts to study the issues raised by the United Republic of Tanzania and any other comments from any other Partner State.

The Sectoral Council directed the EAC Secretariat to develop the Terms of Reference including composition and Road Map with clear timelines for a Technical Task Force to study the issue raised by the United Republic of Tanzania and from any other Partner State and submit to Partner States for comments.

A Meeting of the Multi-Sectoral Technical Task Force will be convened by 30 June 2015; and the EAC Secretariat will submit the Report of the Technical Task Force on the Protocol on Environment and Natural Resources to the 4th Sectoral Council on Environment and Natural Resources. The Sectoral Council directed the Partner States to undertake national consultations on the draft concept paper for the justification of the EAC Climate Change Bill by 30 April 2015 and submit comments to the EAC Secretariat. It also directed the Secretariat to support the Republic of Burundi to undertake national consultations on the draft concept paper for the justification of the EAC Climate Change Bill by 30 April 2015. The Secretariat is expected to consolidate the comments with a team of Partner States Experts by 30 June 2015 and submit the revised concept paper to the 4th Sectoral Council on Environment and Natural Resources.

The Sectoral Council took note of the status of the revised EAC Disaster Risk Reduction and Management Bill, 2014 and directed the EAC Secretariat to develop a Technical Paper on an appropriate institutional arrangement for Disaster Risk Reduction and Management by 30 April 2015 and share the Technical Paper with the Partner States for their comments.

The Sectoral Council directed Partner States to submit their comments on Technical Paper on the appropriate institutional arrangement for Disaster Risk Reduction and Management by 15 May 2015. It also directed the EAC Secretariat to expedite the process of re-drafting the revised draft Bill taking into consideration the Technical Paper on institutional arrangement on Disaster Risk Reduction and Management that is in conformity with the standards of the Regional Bills through technical experts and legal drafters by 15 August 2015.

The Secretariat is expected to submit the revised draft to a joint Sectoral Council on Environment and Natural Resources and Interstate Security prior to its consideration by the Council of Ministers scheduled for November 2015.

EAC Protocol on Environment and Natural Resources Management

The EAC Protocol on Environment and Natural Resources Management was signed by the Republic of Kenya, United Republic of Tanzania and Uganda on 3rd April 2006. The Republic of Uganda and Kenya ratified the Protocol in 2010 and 2011 respectively. The Protocol was negotiated and signed before the Republic of Burundi and the Republic of Rwanda joined the Community.

The aim of the Protocol is to promote and enhance cooperation amongst Partner States in the conservation and management of environmental and natural resources, adopt a common vision in addressing challenges of sustainable development, make concerted efforts to prevent and control environmental degradation.

The United Republic of Tanzania could not complete the process of ratification of the Protocol on Environment and Natural Resources due to a number of issues identified during the ratification process that need to be addressed. A summary of the issues raised by The United Republic of Tanzania is: 

(a) the scope of the Protocol in some areas is too wide and covers issues beyond the Environment and Natural Resources Management;

(b) the Protocol includes marketing and trading in minerals and yet the focus of the Treaty is the protection of the environment in mining activities and not regulation of trading in minerals;

(c) the Protocol includes development and transmission of the electric power, development of integration policy on rural electrification and inter-connection of Partner States, electrical grids which is beyond environment and natural resources management;

(d) the Protocol includes matters of tourism development rather than environmental management with regards to tourism. Moreover, Partner States are negotiating a Protocol on Tourism and Wildlife Management where issues of Tourism Development can be better articulated;

(e) Some key terminologies are not defined while others are not adequately defined which may cause interpretation inconsistencies in implementation;

(f) The Protocol contradicts with the Protocol for Establishment of the EAC Common Market in particular access to use of land and premises should be governed by national policies and laws.

EAC Climate Change Policy

The EAC Climate Change Policy was approved by the 9th Extra Ordinary Meeting of the EAC Heads of State Summit on 19 April 2011 in Dar es Salaam. Further, the 27th Meeting of the Council of Ministers held on 31 August 2013 approved the following key climate change strategic documents in accordance with the Climate Change Policy:

(i) the EAC Climate Change Strategy and EAC Climate Change Master Plan; and

(ii) Operational Modalities for the EAC Climate Change Fund

The proposal to initiate the EAC Climate Change Bill is an effort to fully implement chapter four of the EAC Climate Change Policy on institutional and financing framework, and the East African Legislative Assembly (EALA)’s Report and Resolution on Climate Change adopted during the 1st Session of the 4th Meeting of EALA held from 21 January to 1 February 2013 in Bujumbura, Burundi.

The 3rd Meeting of the Sectoral Council on Environment and Natural Resources held from 27 to 31 January 2014 in Bujumbura directed the EAC Secretariat to initiate the process of formulating a Regional Climate Change Bill. The proposal to initiate an EAC Climate Change Bill is a follow-up action to the outcome of the 1st Parliamentarians’ Workshop on Climate Change held from 11-13 November 2012 in Mwanza. The outcome of the Workshop was a Report of the EALA Committee on Agriculture, Natural Resources and Tourism on Climate Change and a draft EALA Resolution on Climate Change. The Report and Resolution were further, adopted during the 1st Session of the 4th Meeting of the EALA held from 21 January to 1 February 2013 in Bujumbura, Burundi.

The objective of the proposed Bill is therefore to give legal effect to the EAC Climate Change Policy and specifically; establish a Regional Institutional Structure to coordinate Climate Change initiatives; fully operationalize the EAC Climate Change Fund; and establish an EAC Carbon Credit Exchange Mechanism.

Draft EAC Disaster Risk Reduction and Management Bill

The Draft EAC Disaster Risk Reduction and Management Bill, 2013 was formulated in accordance with Art. 59 (1) of the EAC Treaty, the EAC Disaster Risk Reduction and Management (DRRM) Bill was initiated and introduced to the East African Legislative Assembly as a Private Member’s Bill. The objective of the Bill is to provide a legal framework for intervention and assistance for people affected by climate change and natural hazard-related disasters and to protect the natural environment through integration of comprehensive disaster risk reduction and management practices in the East African Community.

The Bill was moved for second Reading during the 1st Meeting of the Second Session of the East African Legislative Assembly, which took place on 19-31 August, 2013. Upon consultations among the Ministers Responsible for the East African Community Affairs and the EALA Committee on Agriculture, Tourism and Natural Resources, the Hon. Chairperson of the Council successfully moved a motion to adjourn debate in order to allow the Council of Ministers:

(a) consult on and consider the policy implications of the Bill;

(b) pursue the ratification of the EAC Protocol on Peace and Security which among other objectives, provides for cooperation in Disaster Risk Reduction, management and crisis response; the coming into force of this protocol would articulate on relevant institutional arrangements under the Bill; and

(c) taking over the Bill for appropriate amendment and reintroduction as a Council of Minister’s Bill.